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PROCESS
OF MEDIATION
OVERVIEW
OF MEDIATION
Mediation
is used for resolving disputes by agreement of both
parties. The dispute may or may not involve
property. Mediation is voluntary and
confidential. During the mediation, a neutral
third party, the mediator, facilitates settlement
discussions between the individuals or businesses in
conflict. The mediator attempts to focus the
attention of the parties upon their needs and
interests rather than upon their positions. Any
settlement is entirely voluntary and its terms are
determined by the agreement(s) reached by the
parties. The mediator is not a party to the
agreement(s) and does not make any decisions for the
parties. If a
settlement is not reached through mediation, the parties retain the
right to present their case in court by filing a legal
action.
ROLE
OF THE MEDIATOR
The
mediator aids the parties in conflict to talk to each
other to reach a settlement they believe is
satisfactory. The mediator helps the parties
identify and discuss the issues involved in the
conflict. The mediator manages and facilitates
the mediation session and assists the parties in
reaching a solution. The parties retain the
ultimate decision-making power. The mediator
does not take sides. The mediator has a duty to
all parties to remain neutral, unbiased, and to act in
good faith.
BENEFITS
OF MEDIATION
-
Mediation
promotes immediate resolution of a dispute and the
return of property without court action or
extensive delays.
-
Mediation
is private, confidential and privileged, unlike
most court proceedings.
-
Mediation
allows the parties to resolve a problem
voluntarily by agreement, rather than a judge or
jury deciding for the parties by judgment or
verdict.
-
Agreements
reached through mediation tend to last over time
because the parties affected by the decisions are
the ones making them and when
the parties reach their own agreement, they avoid
the unpredictable nature of litigation.
-
Mediation
is fast and cost effective. The parties pay a reasonable hourly fee until their dispute is
resolved. There are simply no additional
costs to the parties, unlike court filing fees and
other costs associated with litigation.
-
In
a mediation session, everyone has the opportunity
to voice their concerns freely and without
interruption.
-
Mediation
encourages the parties to consider and develop alternative ways
to solve the issues of their dispute and can help preserve their ongoing relationship.
-
Mediation
can help a business resolve an issue before it
gets out of hand and turns into costly litigation.
Resolving disputes early through mediation can
also help a business direct its focus on managing
its operation rather than contending with the
time-consuming tasks and preparation associated
with lawsuits.
IMPORTANT
CONSIDERATIONS
Mediation is not appropriate for
every dispute. Because mediation is a voluntary process and the parties
are responsible for making their own decisions, mediation may not be appropriate
if a party is unable to negotiate due to psychological or mental impairment,
alcohol or drug abuse as well as physical or emotional abuse by the other party.
Mediation is not appropriate when one or both parties lack the capacity to
enter into an agreement.
NOTICES
AND DISCLAIMERS
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